People v Vaughn
2003 NY Slip Op 19530 [2 AD3d 656]
December 15, 2003
Appellate Division, Second Department
As corrected through
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 25, 2004
People v Roger Vaughn
The People of the State of New York, Respondent,
Roger Vaughn, Appellant.
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered April 24, 2001, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt of depraved indifference murder is unpreserved for appellate review (see CPL 470.05 ; People v Gray, 86 NY2d 10 ; People v Ferguson, 240 AD2d 510, 511 ; People v Fama, 212 AD2d 542, 543 ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant's guilt of that crime beyond a reasonable doubt (see People v Sanchez, 98 NY2d 373 ; People v Epps, 305 AD2d 697 , lv denied 100 NY2d 620 ; People v Crawford, 295 AD2d 361, 362 ; People v Flowers, 289 AD2d 504 ; People v Tankleff, 199 AD2d 550, 553-554 , affd 84 NY2d 992 ; cf. People v Hafeez, 100 NY2d 253, 258-259 ).
The defendant's remaining contentions are without merit. Krausman, J.P., Schmidt, Mastro and Rivera, JJ., concur.